§ 6104. — Forfeiture for treason.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC6104]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 61--PENAL AND FORFEITURE PROVISIONS
Sec. 6104. Forfeiture for treason
(a) Any person shown by evidence satisfactory to the Secretary to be
guilty of mutiny, treason, sabotage, or rendering assistance to an enemy
of the United States or of its allies shall forfeit all accrued or
future gratuitous benefits under laws administered by the Secretary.
(b) The Secretary, in the Secretary's discretion, may apportion and
pay any part of benefits forfeited under subsection (a) to the
dependents of the person forfeiting such benefits. No dependent of any
person shall receive benefits by reason of this subsection in excess of
the amount to which the dependent would be entitled if such person were
dead.
(c) In the case of any forfeiture under this section there shall be
no authority after September 1, 1959 (1) to make an apportionment award
pursuant to subsection (b) or (2) to make an award to any person of
gratuitous benefits based on any period of military, naval, or air
service commencing before the date of commission of the offense.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1240, Sec. 3504; Pub. L. 86-
222, Sec. 2, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91-24, Sec. 13(b),
June 11, 1969, 83 Stat. 34; Pub. L. 97-295, Sec. 4(78), Oct. 12, 1982,
96 Stat. 1311; Pub. L. 99-576, title VII, Sec. 701(84), Oct. 28, 1986,
100 Stat. 3298; renumbered Sec. 6104, Pub. L. 102-40, title IV,
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,
Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
Amendments
1991--Pub. L. 102-40 renumbered section 3504 of this title as this
section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' and ``Secretary's'' for
``Administrator's''.
1986--Subsec. (b). Pub. L. 99-576 substituted ``the
Administrator's'' for ``his'' and ``the dependent'' for ``he''.
1982--Subsec. (a). Pub. L. 97-295 inserted ``to'' before ``be
guilty''.
1969--Subsec. (c). Pub. L. 91-24 substituted ``September 1, 1959''
for ``the date of enactment of this subsection''.
1959--Subsec. (c). Pub. L. 86-222 added subsec. (c).
Section Referred to in Other Sections
This section is referred to in section 6103 of this title.
